By
Vijay Pal Dalmia, Advocate
Supreme Court of India & Delhi High Court
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The Hon'ble High Court of Allahabad in the case of Prakash Narain vs. CIT/CWT(1 [1981] 6 Taxman 159 (All)] has held that for determining a particular transaction as benami, following criteria should be fulfilled:-
- The burden of proof regarding benami is upon the one who alleges benami,
- To prove benami, the most important point is to examine the source of consideration and along with that there are certain other criteria which should be taken into account.
- The mere allegation of an explanation would not entitle the department to claim that the consideration for the purchase of the property in the name of a non-assessee was provided by the assesse
- Apart from the relationship between the parties, there must be some material or evidence to support the case of benami of the transaction.
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